Show All Answers

1. Are public defenders “real lawyers”?

Yes! Public defenders are just as “real” as private criminal defense lawyers and civil lawyers. All the attorneys of the Whatcom County Public Defender’s Office have graduated from college and law school and have met the same Washington State Bar Association requirements to practice law in the courts of this state.

2. Since you’re paid by the government the same as prosecutors, aren’t you just working together?

Absolutely not. Although the Whatcom County Public Defender is funded by county government, the office is an independent agency separate and apart from the prosecutor’s office and the court. Our lawyers are loyal to their clients first and are bound by codes of professional conduct requiring that they provide zealous advocacy and protection to each client, the same as private lawyers.

3. Can I call or drop by the Whatcom County Public Defender Office for some quick legal advice?

Unfortunately, no. Our office is only authorized to give legal advice to clients whom the courts have assigned to us to represent. Unless you are a client we cannot give legal advice or answer legal questions.

4. What is an arraignment?

If formal charges are filed against you, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. At most arraignments, a copy of the charges you will be provided to you, if you do not have a lawyer, the judge can determine if you are eligible for a public defender. Expect to have a plea of “not guilty” entered at your arraignment. Your case normally will be scheduled for a status hearing, omnibus hearing, and trial. YOU MUST ATTEND YOUR ARRAIGNMENT HEARING.

5. What is a status or omnibus hearing?

A status or omnibus hearing is the court proceeding where you and your lawyer will indicate whether you will either go to trial, settle the case with a plea of guilty, or ask for extra time. You may find that the courtroom is crowded when you arrive, and that you have to wait before you can meet with your court-appointed lawyer. However, no action will be taken on your case before you and your lawyer have talked.

Your lawyer might have one or more legal forms for you to read and sign. YOU MUST ATTEND YOUR STATUS HEARING.

6. What happens in a trial?

A trial is the court proceeding where the prosecutor will present evidence and try to prove beyond a reasonable doubt that you are guilty of a crime. This is the hearing when witnesses testify. Through you lawyer, you will be able to question the witnesses against you and present witnesses on your own behalf. Most trials are decided by a jury, but some are decided by a judge alone. You have a right to a jury trial.

7. What happens in a sentencing hearing?

A sentencing hearing will take place only if you are found guilty at a trial or if you agree to plead guilty. The court proceeding is handled by the judge, who will use the recommendations of the prosecutor and your lawyer and use the sentencing guidelines to decide what your punishment will be. You always have the right to speak at your sentencing hearing.

8. What is a bench warrant, and what can I do if I have one?

If you have a bench warrant, you need to contact your attorney as soon as possible.

A bench warrant is issued by a judge when a person with a pending criminal case violates the rules of the court. Sometimes a warrant is issued for violating pre-trial release conditions. Most often, people with bench warrants simply have failed to show up for a scheduled court appearance. Once a bench warrant is issued, the police can treat it like any other warrant and use it to arrest people and keep them in jail, until the appear back in front of a judge.

9. Why hasn’t my public defender gotten my case dropped?

Only a prosecuting attorney or a judge can drop or dismiss a case. Your case has been filed in the name of the State of Washington, not the name of the complaining witnesses. Even if complaining witnesses say that they do not want to see you prosecuted, they don’t have the power to get your case dismissed.

10. If I have a problem with my court-appointed lawyer, how do I complain?

If you can’t work out your differences with your court-appointed lawyer first, your next contact would be the Director, Starck Follis or the Chief Deputy, Maia Vanyo. You will find it most helpful to address your concerns in the form of a letter.

11. What can I do to help out my case?

• You should never discuss the facts of your case with anyone but a lawyer or staff of the Whatcom County Public Defender’s Office.

• Make sure that your lawyer has an accurate address and phone number for you. Immediately notify the office if this information changes. Contact your lawyer as soon as you get a letter from the office advising you to do so and show up for your scheduled appointments.

• When you are in jail, avoid discussing the facts of your case with others, visitors, and people you call on the phone (other than Whatcom County Public Defender employees). Remember: All non-law-office calls from the Whatcom County Jail are recorded and may be used against you in trial or as the basis for additional criminal charges against you.

• When you are in jail, do not send letters discussing your case to anyone, as letters may be intercepted by law enforcement and used against you at trial. Avoid discussing the facts of your case in postal mail and emails.

• Provide your lawyer with a list of potential witnesses as soon as possible, with accurate telephone numbers where they may be reached at least and addresses where they can receive mail if possible.

• Come to all your court dates. Unless your lawyer has told you personally that you are excused, you must come to court when the court order says. If you miss court, even if you might have a good excuse, there can be serious consequences, including being arrested and charged with a new crime. You may be inconvenienced by missing work or changing a medical appointment, but your boss or your doctor can’t have you arrested if you don’t show up. A judge can, and will put you in jail and possibly keep you there, if you don’t appear in court as ordered.

• Be on time for court.

• Dress for court as seriously as you would for a job interview or for any other appointment that could affect your future.

12. How do I get my record vacated/sealed?

The Washington Courts provides information on how to clear your record. Click on link - vacating and sealing forms.